Moderator broncovet Posted January 24, 2016 Moderator Share Posted January 24, 2016 Exactly. See Colvin v. Derwinski,1 Vet.App. at 175 (holding that the Board may only consider independent medical evidence insupport of its findings and may not substitute its own medical opinion); see also 38 U.S.C.§ 5107(b); Mariano v. Principi, 17 Vet.App. 305, 313-17 (2003); see also Flash v. Brown,8 Vet.App. 332, 339 (1995) (“The Board may not rely on its own unsubstantiated medicalconclusions to reject expert medical evidence in the record; rather, the Board may reject a claimant’smedical evidence only on the basis of other independent medical evidence.”). and also: https://veteranclaimsresearchcases.wordpress.com/2009/03/11/mclendon-v-nicholson-no-04-0185/ rwskitch and Vync 2 Link to comment Share on other sites More sharing options...
Content Curator/HadIt.com Elder Vync Posted January 24, 2016 Content Curator/HadIt.com Elder Share Posted January 24, 2016 Congratulations Hoppy! Link to comment Share on other sites More sharing options...
Recommended Posts